Judgement

SINGH, J. :- This appeal under Section 116-A of the Representation of the People Act, 1951 is directed against the judgment of the High Court of Allahabad dated March 6, 1986 (reported in 1986 All LJ 1321) rejecting the appellants election petition under Order 7 Rule 11 of the Code of Civil Procedure.

2. Briefly the facts giving rise to this appeal are that during the General Elections held in the year 1984, the appellant filed his nomination paper for contesting election to the Lok Sabha from 79-Hapur Parliamentary Constituency. The appellants nomination paper was accepted and he was allotted symbol of "Lion". The appellant, Kedar Nath alias K. N. Singh Responent, and 17 other candidates contested the election. The appellant could poll only 617 votes while Kedar Nath respondent polled 255828 votes and he was declared elected. The appellant filed election petition challenging the Respondents election on a number of grounds. The respondent appeared before the High Court, filed written statement and contested the election petition. On 10-12-1985 issues were framed thereafter the respondent made an application for rejecting the election petition under Order 7 Rule 11 CPC on t